The case of the Oaxaca Slip-On model illustrates an increasingly frequent dilemma: the use of traditional cultural expressions as commercial inspiration without recognition or benefit for the communities that safeguard them.
The product’s withdrawal from the market and the subsequent public apology have set a precedent for a broader debate on the limits of intellectual property and the need for legal instruments to protect cultural identity against misappropriation.
While WIPO advances in negotiating an international framework and some countries, such as Mexico, adopt sui generis regimes, one question remains: what tools does Spanish legislation offer to guarantee the protection of this intangible heritage?
Our of counsel Laura Villarraga examines these issues in her recent op-ed in Cinco Días.
Read the article here.
Access the Spanish version here.
